Top Rated Common Carrier Accident Injury Lawyer Near Me in Fountain Hills For 2024
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What a Common Carrier Accident Injury Lawyer Near Me does:
Have you or a loved one been hurt in an accident or by way of the negligence of someone? Many times things can be dealt with by insurance or through a small claims court. If it is extremely minor it can be a good idea to forget about it and get on with your life because it may cause you more headache than it is worth spending your time on.
But at times you really need someone to take your side. Someone that will really fight for your cause. Someone who will fight on your side. That’s when you really should have a Fountain Hills personal injury attorney that will fight for your rights, both in regards to finances and individually, so you can get back to your life prior to when the injury occurred.
Being harmed by a crime, accident, or willful negligence is not fun. It’s a very trying time, and being objective is nearly impossible. But remaining calm and collected can be the difference between receiving the fair compensation or quitting the case with no recourse.
An experienced Fountain Hills personal injury legal representative can act as an advocate between you and the difficult situation, making it much easier to navigate the ins and outs of our legal system. Most people may not even realize the potential consequences of what’s happening until conversing with a legal professional. That person can help you realize all of this objectively, determine if a potential claim exists and if they can help with your case, and help you move ahead with the process of any potential case.
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What is a Fountain Hills Common Carrier Accident Injury Attorney?
To begin with, personal injury lawyers (PILs) fall into the larger arena of civil lawyers, which are also known as litigation lawyers. Civil lawyers are generally retained to recover cash or other assets from a person or legal entity for another person or legal entity.
This means that when a person brings a civil action suit against another person, a civil attorney is usually hired to bring the lawsuit and a different civil attorney is hired by the defendant. In the case of bodily injury, the injured person will retain a personal injury attorney when said dispute involves reimbursement or payment of expenses coming from the injury such as health reimbursements, mental health problems caused by the injury, and more.
After the personal injury lawyer has been retained, they will gather everything for the case that they are legally entitled to. They will talk with all witnesses that are available, gather any and all documents related to the case, and use all their potential resources to make sure all of their is accurate.
Then he or she may first attempt to negotiate the settlement of the case. If that negotiation falls through, the attorney may consider filing a lawsuit in response. But what cases would a personal injury lawyer take?
A PIL generally handles a wide variety of cases that can be separated into two main groups. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, automobile accidents, child neglect, and wrongful death cases. Wrongful death is usually caused by a doctor, nurse, or other medical practitioner. In most of these cases, someone is injured (or worse) due to the uncaring state or incompetence of someone else.
The other primary study of a PIL is the purposefully perpetrated tort case. A purposeful tort occurs when someone willfully injures another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other similar situations. In the end, the list of causes for a personal injury case is pretty much endless.
In addition, unlike pretty much all other fields of the legal world, personal injury attorneys nearly always work on a contingency fee basis. This means that they are not paid unless the person or entity that they are representing has been successful in winning the case. It means that there should be no upfront payment, for consultation or otherwise. Their fee is based strictly upon a percentage of the financial compensation received by their client.
What Could Happen in a Personal Injury Case?
Of course, sometimes even the final steps of the process aren’t necessarily easy. The injured party could counteroffer if they feel they are not getting enough compensation. It is when these offers wind up floating back and forth in limbo or an offer is just flat-out refused that a case may very well end up in front of a judge.
However, it is rare for a personal injury case to get to the trial phase. And this is for a lot of reasons:
First, a settlement lends itself to a situation where the defendant can control risks and avoid unnecessary legal costs. If the defending party is fully aware that they are at fault for the incident that led to the claim, they may not want the case to get in front of a sympathetic jury that could give much larger damages.
Secondly, a settling the case will keep it on the down low. This is especially important for publicly known people or large high profile companies. A large trial brings public attention. And even a small trial can provide unwanted attention. A settlement agreement allows anyone involved to negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can hasten the process. Extended trials can take an eternity, lasting for months. In addition, if the other party appeals, the outcome can remain unsettled for even longer. The plaintiff probably wants financial compensation as soon as possible rather than having to wait for additional weeks, months, or even years down the road while the process drags on for what seems like forever. Or they may simply not want to complete the ridiculously long process of putting on a case, presenting evidence, and doing everything else that is necessary to win a legal battle.
And finally, settlement allows the injured party a guaranteed win. A trial is more of a ‘the higher the risk the more the reward’ type of situation, which is not always of benefit to either party. The accusing party would rather settle for a little less in a guaranteed win. This, versus demanding the maximum dollar amount but also risking either losing the claim completely or having a judge or jury give a much lesser amount.
What are the PIL Tasks?
First they will take care of getting evidence and finding the responsible party, whether it be an insurance company, individual, or other legal entity.
Once the lawyer has formed a case, they draft and send an official letter of demand to the defendant. This letter includes a detail of what occurred, of injuries incurred, and the amount of financial compensation required.
Next, the attorney may try to negotiate a settlement, and depending on whether a settlement is reached, decides whether or not to push to bring the case in front of a judge. This is determined by how much the other party agrees to the settlement terms put forth by the plaintiff. If the other party agrees to all terms, then there would be absolutely no reason to file a case with the court. If the other party agrees to some of the terms but not others or only partially agrees to terms, the ball is then put back in the plaintiff’s court to determine if they will push for further negotiations, agree to the new terms, or file a claim in court.
Choose the Successful Common Carrier Accident Injury Lawyer Near Me in Fountain Hills
Here at DeLozier Law, we have many decades of experience in successful personal injury law litigation. Our clients are extremely pleased with us because we helped them get the settlement they deserved. We offer a free consultation so you can see if we can help you with your claim, too. Give us a call today at 602-989-1759!